Canada Elections Act (S.C. 2000, c. 9)

Marginal note:Third party that is corporation or group — internal services

348.19 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party shall, if a script is used, keep, for one year after the end of the election period,

• (a) a copy of each unique script used and a record of every date on which the script was used; and

• (b) a list of every telephone number called for that purpose during the election period.

PART 17Third Party Advertising, Partisan Activities and Election Surveys

Interpretation

Marginal note:Definitions

349 The definitions in this section apply in this Part.

election advertising

election advertising[Repealed, 2018, c. 31, s. 222]

election advertising expense

election advertising expense[Repealed, 2018, c. 31, s. 222]

election survey

election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into account

• (a) in deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; or

• (b) in their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)

election survey expense

election survey expense means an expense incurred in respect of the conducting of an election survey

• (a) in Division 1, during a pre-election period;

• (b) in Division 2, during an election period; and

• (c) in Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)

expenses

expenses means

• (a) amounts paid;

• (b) liabilities incurred;

• (c) the commercial value of property and services, other than volunteer labour, that are donated or provided; and

• (d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value. (dépenses)

group

group means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose. (groupe)

partisan activity

partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)

partisan activity expense

partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)

registered third party

registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)

third party

third party means

• (a) in Division 0.1, a person or a group other than

  • (i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

  • (ii) outside of an election period,

    • (A) a registered party or eligible party or a registered association,

    • (B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

    • (C) a nomination contestant;

• (a.1) in Division 1, a person or a group other than

  • (i) a registered party or eligible party or a registered association,

  • (ii) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

  • (iii) a nomination contestant; and

• (b) in Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)

DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties

Marginal note:Definitions

• 349.01 (1) The following definitions apply in this Division.

  advertising

  advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

  • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (f) the making of telephone calls to electors only to encourage them to vote. (publicité)

  foreign entity

  foreign entity includes

  • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

  • (c) a trade union that does not hold bargaining rights for employees in Canada;

  • (d) a foreign political party; or

  • (e) a foreign government or an agent or mandatary of one. (entité étrangère)

• Marginal note:Definition of advertising

  (2) For the purposes of the definition advertising, promoting or opposing includes

  • (a) in relation to a registered party or eligible party,

    • (i) naming it,

    • (ii) identifying it, including by its logo, and

    • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

    • (i) naming him or her,

    • (ii) showing a photograph, cartoon or drawing of him or her,

    • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

Marginal note:Prohibition — use of foreign funds

349.02 No third party shall use funds for a partisan activity, for advertising, for election advertising or for an election survey if the source of the funds is a foreign entity.

Marginal note:Prohibition — circumventing prohibition on use of foreign funds

349.03 No third party shall

• (a) circumvent, or attempt to circumvent, the prohibition under section 349.02; or

• (b) act in collusion with another person or entity for that purpose.

DIVISION 1Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period

Marginal note:Maximum pre-election period expenses

• 349.1 (1) Subject to section 349.4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:

  • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

  • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

  • (c) election survey expenses in relation to election surveys that are conducted during that period.

• Marginal note:Maximum pre-election period expenses — electoral district

  (2) Not more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.

• Marginal note:Expenses — party leader

  (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

• Marginal note:Third party inflation adjustment factor

  (4) The amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

Marginal note:Prohibition — circumventing maximum amount

349.2 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.1 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, partisan advertising expenses and election survey expenses exceed the maximum amount.

Marginal note:Prohibition — collusion with registered party

• 349.3 (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

• Marginal note:Prohibition — collusion with potential candidate

  (2) No third party and no potential candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

• Marginal note:Prohibition — collusion with associated person

  (3) No third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

Marginal note:Prohibition — spending by foreign third parties

• 349.4 (1) A foreign third party shall not incur the following expenses:

  • (a) partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;

  • (b) partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; and

  • (c) election survey expenses in relation to an election survey that is conducted during that period.

• Marginal note:Definition of foreign third party

  (2) In subsection (1), a foreign third party is a third party in respect of which

  • (a) if the third party is an individual, the individual

    • (i) is not a Canadian citizen,

    • (ii) is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, and

    • (iii) does not reside in Canada;

  • (b) if the third party is a corporation or entity,

    • (i) it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the following election, and

    • (ii) it was incorporated, formed or otherwise organized outside Canada; and

  • (c) if the third party is a group, no person who is responsible for the group

    • (i) is a Canadian citizen,

    • (ii) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) resides in Canada.